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On Friday, August 17, 2012, the Securities and Exchange Commission ("SEC") filed an emergency action in a North Carolina federal court, alleging that ZeekRewards and its founder, Paul R. Burks, were involved in one of

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the largest Ponzi schemes in history. The move came as many began to question the legality of the operation and whether its promised 1.5% daily returns were simply 'too good to be true.' These fears were confirmed on Friday, with the unavailability of Zeek's website and the closure of its Lexington, N.C. headquarters serving as an ominous sign leading up to the SEC's announcement Friday evening that it had halted the scheme as it teetered on the "verge of collapse". The sheer number of victims, which authorities estimate tops 1 million, likely earns Zeek the infamous distinction as the largest Ponzi scheme in history by the number of investors, and will add a layer of complexity never seen before in trying to unravel the scheme and distribute funds to investors. For sake of comparison,the number of investors in Bernard Madoff's $65 billion Ponzi scheme, the largest in history by investor losses, was "only" in the thousands.

According to authorities, Zeek consisted of two related operations, Zeek Rewards and Zeekler. Zeekler was an international penny auction website that offered users the ability to win merchandise by placing one-cent "bids". Zeek Rewards was the investment arm of the operation, offering users the ability to share in up to 50% of daily "profits" by completing a daily set of tasks that included soliciting new customers and selling or giving away "bids" to new users. At the end of the day, users were paid "Profit Points" usually totaling 1.5% of their investment, and were given the choice either to receive their "profits" in cash or rollover the points to compound future returns. Many chose to re-invest, and due to the compounding nature of the Profit Points and the steady stream of new customers, authorities allege that the number of outstanding Profit Points was nearly 3 billion at the time the scheme was halted. The scheme depended on investors choosing to reinvest their profits, for according to the SEC, Zeek would have been insolvent in a matter of weeks, if not days, had investors chosen to receive their profits in cash.

No doubt in efforts to avoid the scrutiny of federal and state authorities, Zeek made it mandatory for new users to acknowledge that they "are NOT purchasing stock or any other form of 'investment' or equity" before becoming a member. While Zeek dubbed the operation as an "e-commerce subscription", the SEC disagreed, charging that, in reality, the company was engaging in the fraudulent offering of unregistered securities.

In its announcement, the SEC also stated that Paul Burks, Zeek's founder, was cooperating with authorities and had agreed to pay a $4 million civil penalty and relinquish all interests and assets in the company - all without admitting or denying any culpability. Burks cooperation should be seen as a positive sign for investors, as his knowledge of the scheme will significantly help authorities unravel the operation and account for all assets. According to the SEC, Zeek has paid over $375 million to investors to date, and currently holds approximately $225 million in investor funds in financial institutions all over the world. These funds were frozen in an emergency asset freeze granted by the North Carolina federal court, meaning that they cannot be dissipated or misappropriated during the course of the investigation.

Zeek and its affiliates have attracted scrutiny in recent weeks as investors increasingly began to doubt the operation's legitimacy. According to David Dalrymple, President of the Winston Salem Better Business Bureau ("BBB"), the BBB had been receiving complaints for some time, and within the last 30 days alone had received 30,000 inquiries about Zeek. Said Dalrymple, “In twelve years as the President here, I cannot compare that to any level of inquiry for any other business. Ever." Dalrymple stated that the BBB's analysis of Zeek had raised many red flags, and that it immediately notified criminal authorities.

While investor losses pale in comparison to those experienced by Madoff or Stanford investors, the sheer number of Zeek investors is on a magnitude that has never been dealt with before in a receivership or bankruptcy context. To illustrate, assuming Zeek had one million investors, a simple 1-page summary for each investor summarizing contributions and withdrawals, stacked together, would be 101.3 meters high, or roughly 300 feet. The staggering number of victims suggests that investigation of the fraud and establishment of a distribution process will likely be a drawn-out process involving hundreds, if not thousands, of people.

Going forward, the first step will be the appointment of a receiver by the North Carolina federal court. In an Order filed late Friday, United States District Judge Graham Mullen appointed Kenneth Bell as the temporary receiver, empowering him to take control of Zeek's assets and begin an investigation. Mr. Bell is a Partner at the Charlotte office of McGuireWoods, where his practice includes white collar crime. It is likely that Bell took control of Zeek's offices yesterday immediately after the Order was signed. In the Order, Judge Mullen also ordered Burks to provide a list of all assets, employees, and creditors of Zeek to the Receiver within 10 days, and a full accounting of assets, bank accounts, and other property within 30 days.

For now, the North Carolina Attorney General has established a hotline for concerned investors at (919) 716-6046.

(08/20) EDIT - Forbes has confirmed that Burks is being represented by Noell Tin of Tin Fulton Walker & Owen, a Charlotte, NC law firm.

(08/21) EDIT - The Receiver has announced the establishment of a Receivership website at www.zeekrewardsreceivership.com. Victims wishing to communicate with the Receiver should email info@zeekrewardsreceivership.com.